General Business Civil Procedure Intellectual Property

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Ninth Circuit (Mostly) Skirts the Issue of Copyright Misuse in Most Recent Omega v. Costco Decision

Sometimes a cigar is just a cigar, as the saying goes. However, things are not always as they appear, and sometimes events unfold in ways you would not anticipate. Such is the case with the Ninth Circuit decision in the...more

Supreme Court Tackles Tacking Question in Hana

On January 21, 2015, the United States Supreme Court in Hana Financial, Inc. v. Hana Bank, case number 13-1211, unanimously held that in cases (1) that go to a jury and (2) whose facts do not warrant either summary judgment...more

Litigation Alert: Hana Financial v. Hana Bank - The Supreme Court Reaffirms the Power of the Jury to Decide Issues of Commercial...

In the first substantial trademark case in over a decade, the Supreme Court unanimously decided that a jury can apply the tacking doctrine and decide whether two trademarks, used by a single party, convey the same commercial...more

Energy Management Patent Triggers a Covered Business Method Review

Faced with a patent threat, renewable energy and climate change companies may have a new defense option – a Covered Business Method (CBM) proceeding. Ushered in less than 2 years ago as part of comprehensive patent reform...more

Cloud Computing: Legal Issues on the Horizon

In the May 2014 issue of the Business Litigation Report, we discussed a hot topic in law and technology: cloud computing. That topic did not cool down over the summer. Businesses and courts—including the Supreme Court—have...more

Supreme Court Rules that Trademark Tacking is a Question for Juries

Yesterday, the Supreme Court unanimously held in Hana Financial v. Hana Bank, 574 U.S. ___ (2015), that trademark tacking is a question for juries. Trademark tacking, or the ability to "tack" a new mark to an older mark in...more

It’s a Mad, Mad, Mad, FRAND World

Early Determinations of Fair, Reasonable, and Non-Discriminatory License Payments Have Been Anything but Consistent - When an invention claimed in a patent is essential to complying with a technical operating standard...more

Registering To Business In Delaware Constitutes Consent To Jurisdiction Notwithstanding Daimler

This is an ANDA case relating to generic dalfampridine extended-release tablets. The court finds, following that the Daimler decision, that neither the parent nor subsidiary defendant are “at home” in Delaware for purposes of...more

If it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck.

In the not too distant past, there was a school of thought that a covenant not to sue (CNTS) had a different legal effect than a patent license in the US. Differences I frequently heard included a CNTS does not run with the...more

Amber Coyle v. Michael O’Rourke - USDC, C.D. Cal., January 5, 2015

In Depth - Plaintiff models sue defendants in California state court for statutory invasion of privacy and common law misappropriation, and, following removal, district court remands because subject matter of state law...more

Staging a Multi-front Patent War

Although the United States may still occupy a leading position when companies are deciding where to enforce their patent rights worldwide, patentees who hold patent rights in multiple countries have started opening up...more

Trade Secrets And 3rd Parties: Litigation Traps To Avoid

Many companies have developed trade secrets policies to protect their valuable information, but even forward-thinking companies may not have internal controls to avoid liability as third parties to alleged trade secret...more

In Battle Of Apparel Companies, Court Compels Arbitration

In early September, a New York district court granted defendants United States Polo Association, Inc. (“USPA”) and Arvind Ltd.’s (“Arvind”) motion to compel arbitration. It further dismissed Ralph Lauren Corporation and its...more

Show Me the License: Is Your Company Ready?

Good record-keeping is a burden. But doing so is important. Here is an example of why it is important to keep good records of all software licenses....more

Do You Have To Be The Owner Of A Trade Secret To Sue For Misappropriation?

Can an exclusive licensee of a trade secret sue for its misappropriation? Maybe, even though North Carolina's version of the Uniform Trade Secrets Protection Act reserves the right to sue to an "owner." N.C. Gen. Stat....more

IP Newsletter - January 2015

In This Issue: - Castle Defense: Federal Circuit Reinforces Patent Damages Gate in VirnetX - Standards Patent Licensing: Always Apportionment, Sometimes Stacking - Supreme Court to Consider Good-Faith...more

Court Of Appeal Reinforces Trial Judge’s “Widest Discretion” When Awarding Costs Under CPR 44

In Coward v Phaestos Ltd & ors [2014] EWCA Civ 1256, 2 October 2014, the defendants were awarded their costs, having obtained significantly more in their counterclaim than that provided for by the claimant’s rejected...more

Patent Owner Without Control of Licensee Has No Standing to Sue

Azure Networks, LLC v. CSR PLC - Applying patent licensor-licensee standing law to defendants’ motion to dismiss a plaintiff, the Federal Circuit affirmed the district court’s ruling that a patent owner had transferred...more

Top Stories of 2014: #14 to #11

After reflecting upon the events of the past twelve months, Patent Docs presents its eighth annual list of top patent stories. For 2014, we identified eighteen stories that were covered on Patent Docs last year that we...more

The America Invents Act — Protecting Your Assets

On September 16, 2011, the Leahy-Smith America Invents Act (AIA) permanently changed the U.S. patent landscape. Prior to the AIA, once a patent was awarded, with the exception of an ineffective and seldom used inter partes...more

PTAB: Patent Owner/Inventor Cannot Proceed Pro Se

In an IPR petition filed by petitioner Shire Development LLC, the petitioner sought review of patent owner, LCS Group, LLC's U.S. Patent No. 8,318,813. In its mandatory statement, the patent owner timely designated outside...more

Pay-For-Delay In 2014: Courts Fill In The Actavis Gaps

A little more than one year ago, the U.S. Supreme Court decided Federal Trade Commission v. Actavis Inc. and affirmed that antitrust principles apply to reverse payment settlement agreements — those in which a brand-name drug...more

PTAB Will Not Review Contract Issues Even if They Relate to Standing

Whether a Petitioner breached a contract, that limited its ability to challenge a patent, is an issue outside the purview of the PTAB, per a recent decision in Ford Motor Company v. Paice LLC & The Abell Foundation, Inc.,...more

More Misinformation Regarding the Patent System and Non-Practicing Entities

The press has been all too eager to decry the so-called "broken" U.S. patent system and the alleged "scourge" of non-practicing entities (NPEs). However, few if any articles attempt to provide an even-handed analysis of...more

Judge Forrest rejects Leveraged Innovations’ second bite at the apple in seeking to enforce its patented technology because of its...

Direxion Shares, ETF Trust v. Leveraged Innovations L.L.C. Case Number: 1:14-cv-01777-KBF - On March 14, 2014, Direxion Shares, ETF Trust (“Direxion”) filed a declaratory judgment action against Leveraged...more

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